Citation Name: 2023 PLD 12 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD NAWAZ vs AMEER BAHADUR Ss — 2023 PLD 12 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 PLD 12 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: PLD
Parties: Citation Name: 2023 PLD 12 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD NAWAZ vs AMEER BAHADUR Ss
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2023 PLD 12 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD NAWAZ VS AMEER BAHADUR Ss. 42 & 54---Suit for declaration and injunction---Inheritance---Concurrent findings of two Courts below---Mutation of inheritance was assailed---Locus standi---Mutation of inheritance attested on 27-03-1922 on the basis of Riwaj (custom), respondents / plaintiffs claimed that sons from three widows of deceased owner were to be given equal shares instead of giving 1/3rd to sons from each widow---Trial Court and Lower Appellate Court decreed the suit and dismissed the appeal respectively---Validity---When legal heir was deprived of his/her legal right of inheritance and if he/she remained alive for a considerable period and had not challenged his/her deprivation from legacy of predecessor then at late stage when the legacy had changed many hands the further legal heirs had no locus standi to challenge such mutation of inheritance, which remained unchallenged during the lifetime of their predecessors---Immediate legal heir of deceased owner of the estate during their lifetime never challenged mutation in question---Suit which was filed in the year 2006, was barred by time as by then good number of transactions had taken place---High Court in exercise for revisional jurisdiction set aside concurrent findings of facts by two Courts below and dismissed the suit filed by respondents/ plaintiffs---Revision was allowed in circumstances.

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